ITCILO/ACTRAV Course A1-55170 Trade Union Training on Promoting and Defending the Rights of Domestic Workers (10 to 14 December 2012, Kisumu, Kenya) Freedom of Association and Collective Bargaining: Principles, Standards and Procedures

Freedom of Association is Key Human Right universally recognized and protected Core value of the ILO: - ILO Constitution, 1919 - ILO Declaration of Philadelphia, 1944 - ILO Declaration on Fundamental Principles and Rights at Work, 1998 - ILO Declaration on Social Justice for a Fair Globalization, 2008 - Global Jobs Pact, 2009

FoA and other Human Rights ILC Resolution on Trade Union Rights and Civil Liberties, 1970: - Right to freedom and security of persons and freedom from arbitrary arrest and detention - Freedom of opinion and expression - Freedom of assembly Right to a fair trial before an independent and impartial body Protection of trade union premises and property

Fundamental Conventions on FoA Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) 151 ratifications Right to Organise and Collective Bargaining Convention, 1949 (No. 98) 161 ratifications

Other ILO instruments on FoA Right of Association (Agriculture) Convention, 1921 (No. 11) Collective Agreements Recommendation, 1952 (No. 91) Workers’ Representatives Convention (No. 135) and Recommendation (No. 149), 1971 Rural Workers’ Organisations Convention (No. 141) and Recommendation (No. 149), 1975 Labour Relations (Public Service) Convention (No. 151) and Recommendation (No. 159), 1978 Collective Bargaining Convention (No. 154) and Recommendation (No. 163), 1981

Convention No. 87 Objective: freedom of association without interference from public authorities Coverage: workers and employers without distinction, except armed forces and police (interpreted narrowly)

C87: (Art. 2) Right of workers and employers: without distinction whatsoever (public servants, rural workers, home workers, EPZ workers, seafarers, young workers, teachers, managers, migrants) to establish and join organizations of their own choosing (trade union pluralism) without previous authorization (registration, minimum membership)

C87: (Art. 3) Rights of workers’ and employers’ organizations to: Draw up their constitution and rules (only formal requirements, no prior approval) Elect representatives in full freedom (results not subject to approval, eligibility requirements not excessively restrictive) Organize their administration (autonomy, financial independence, protection of assets and property) Organize their activities and formulate their programmes (hold meetings, access to the workplace, political activities, the right to strike)

C87: (Arts. 4-6) Right to form federations and confederations (Arts. 5 and 6) Right to affiliate with international organizations (Art. 5) No dissolution or suspension by administrative authorities (Art. 4)

The Right to Strike Fundamental Right Essential means available to workers for the protection and promotion of their interests Intrinsic corollary of the right to organize Not absolute right; restrictions: - members of armed forces and police - public servants exercising authority in the name of the State - acute national crisis workers in essential services in the strict sense of the term Mandatory minimum services are acceptable: - For (agreed) safety purposes - For ensuring minimum operations of public services in the interest of proportionality between the rights of the (striking) minority and those of the majority.

Essential Services in the Strict Sense Hospitals Electricity services Water supply services Telephone service Air traffic control Compensatory guarantees (arbitration)

Non-essential Services Radio and television The petroleum sector and ports Banking Computer services for the collection of excise duties and taxes Department stores and pleasure parks The metal and mining sectors Transport generally Refrigeration enterprises Hotel services Construction Automobile manufacturing Aircraft repair Agricultural activities The supply and distribution of foodstuffs The Mint The government printing service The state alcohol, salt and tobacco monopolies The education sector Postal services

Convention No. 98 Completes C87, deals with relations between workers and employers Objectives: safeguards against anti-union discrimination and interference; promotion of collective bargaining Scope: all workers, except armed forces, police and public servants engaged in the administration of the State

C98: (Art. 1) Protection workers against anti-union discrimination: In taking up employment, the course of and termination All acts (refusal to hire, dismissal, transfer, demotion, refusal to train, blacklisting) For membership and/or participation in trade union activities Legal provisions combined with enforcement mechanisms (effective, expeditious, inexpensive and impartial)

C98: (Art. 2) Protection workers’ and employers’ organizations against acts of interference by each other: State must establish machinery for the respect of these two rights Independence is a fundamental prerequisite to collective bargaining Rapid appeal procedures, coupled with effective and dissuasive sanctions provided in legislation

C98: (Art. 4) Promotion of collective bargaining: Nature: collective bargaining leading to collective agreements (precedence over individual contracts) Scope: terms and conditions of work and employment Parties: workers’ organizations, employers or their organizations

Collective Bargaining Possible at any level Level at the choice of the parties Principle of free and voluntary negotiation Principle of bargaining in good faith

Continues… Promote voluntary CB to regulate terms and conditions of employment by means of CB Interventions by the authorities contrary to the voluntary nature of collective bargaining: Restricting the scope of collective bargaining Refusal to approve collective agreements at the discretion of authorities Annulling or modifying the content of collective agreements Suspension of collective agreements

ILO Core Documents on FoA General Survey by the Committee of Experts on the Application of Conventions and Recommendations (CEACR) Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO (2006)

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